[2022] KEHC 16848 (KLR)
The court found no sufficient grounds to revise the custodial sentence imposed on the applicant. The applicant pleaded guilty to burglary and stealing, and the probation officer's report indicated he was a petty offender with substance abuse issues, no fixed abode, and no means to pay damages as suggested by the...
Source-derived case information.
- Citation
- [2022] KEHC 16848 (KLR)
- Parties
- Applicant: Peter Onyango Okoth; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Revision E072 of 2022
- Procedural Posture
- Criminal Revision / Ruling on Application for Sentence Revision
- Outcome
- application for sentence revision declined
- Judges
- RE Aburili
- Legal Topics
- Sentence Revision, Burglary, Stealing, Plea of Guilty
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter Onyango Okoth
Applicant
Republic
Respondent
Procedural Posture
Criminal Revision / Ruling on Application for Sentence Revision
Legal Issues
- 1 Whether the sentence imposed on the applicant for burglary and stealing should be revised.
- 2 Whether the applicant's circumstances justify a non-custodial sentence.
Ratio Decidendi
The court found no sufficient grounds to revise the custodial sentence imposed on the applicant. The applicant pleaded guilty to burglary and stealing, and the probation officer's report indicated he was a petty offender with substance abuse issues, no fixed abode, and no means to pay damages as suggested by the complainant. The court determined that supervision on a community service order would be impractical due to the applicant's circumstances. The trial court's exercise of discretion in sentencing was not shown to be improper or unjust, and the sentence was deemed appropriate in the circumstances. Accordingly, the application for sentence revision was declined.
Court Disposition
application for sentence revision declined
Orders
- The application for sentence revision is declined.
- File closed.
Full Case Text
Judgment text and source record
22 paragraphs
Okoth v Republic (Criminal Revision E072 of 2022) [2022] KEHC 16848 (KLR) (20 December 2022) (Ruling)
Neutral citation: [2022] KEHC 16848 (KLR)
Republic of Kenya
In the High Court at Siaya
Criminal Revision E072 of 2022
RE Aburili, J
December 20, 2022
Between
Peter Onyango Okoth
Applicant
and
Republic
Respondent
(Being an Application for sentence revision in Siaya CM’s Criminal Case No. E271 of 2022 delivered by Hon. B. Benjamin Limo, Senior Resident Magistrate on 5. 10. 2022)
Ruling
1. The convict Peter Onyango Okoth was sentenced to serve 3 years imprisonment on 5/10/2022 for the offence of Burglary and stealing.
2. He pleaded guilty to the charge. The Probation Officer’s presentence report shows that he is accustomed to drinking alcohol and marijuana. The complainant - church was willing to forgive him if he paid damages but he has no means.
3. He is said to be a petty offender who even demolished his own house and sold poles hence he has no fixed abode and that it will be difficult to supervise him on CSO.
4. I decline to revise his sentence.
5. File closed.
6. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA, THIS 20TH DAY OF DECEMBER, 2022R.E. ABURILIJUDGE